Amend the committee report, as and if amended, by striking SECTION 6 on page [1-7], lines 1-16 and inserting:
/ SECTION 6. Section 2-17-15 of the 1976 Code is amended to read:
"(A) The Governor, the Lieutenant Governor, any other statewide constitutional officer, a member of the General Assembly, a director or deputy director of a state department appointed by the Governor and a member of the immediate family of any of these public officials may not serve as a lobbyist during the time the official holds office and for one year two years after such public service ends.
(B) The provisions of this section apply to the Governor, the Lieutenant Governor, or any other statewide constitutional officer who is elected after December 31, 1993, or any member of the General Assembly who is elected after December 31, 1991, and any director or deputy director of a state department appointed after June 30, 1993." /
To further amend the committee report, as and if amended, by striking SECTION 7, beginning on line 17 on page [1-7] and inserting:
/ SECTION 7. Section 2-19-70 of the 1976 Code is amended to read:
"Section 2-19-70. (A) No member of the General Assembly nor a member of his immediate family may be elected to a judicial office elected by the General Assembly while he is serving in the General Assembly nor shall that person member of the General Assembly or a member of his immediate family be elected to a judicial office elected by the General Assembly for a period of one year two years after he the member of the General Assembly either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.
For purposes of this section, "immediate family member" means a spouse of a member of the General Assembly or an
individual claimed by the member of the General Assembly as a dependent for income tax purposes. This section does not apply to an individual serving in a judicial office elected by the General Assembly as of the effective date of this act, so long as the individual continuously serves in a judicial office elected by the General Assembly, including, but not limited to, a seat on a different court.
(B) The privilege of the floor in either house of the General Assembly may not be granted to any candidate or any immediate family member of a candidate unless the family member is serving in the General Assembly, during the time the candidate's application is pending before the commission and during the time his nomination by the commission for election to a particular judicial office is pending in the General Assembly.
(C) No candidate for judicial office A person may not seek directly or indirectly seek the pledge of a member of the General Assembly's vote or, directly or indirectly, contact a member of the General Assembly regarding screening for the any judicial office until the qualifications of all candidates for that office have been determined by the Judicial Merit Selection Commission and the commission has formally released its report as to the qualifications of all candidates for the vacancy to the General Assembly. No A member of the General Assembly may not directly or indirectly offer his pledge until the qualifications of all candidates for that office have been determined by the Judicial Merit Selection Commission and until the commission has formally released its report as to the qualifications of its nominees to the General Assembly. The formal release of the report of qualifications shall occur no earlier than forty-eight hours after the nominees have been initially released to members of the General Assembly. For purposes of this section, indirectly seeking a pledge means the a person, a candidate, or someone acting on behalf of and at the request of the a person or a candidate, requesting a person someone to contact a member of the General Assembly on behalf of the a person or a candidate before nominations for that office are formally made by the commission. The prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements by the candidate detailing the candidate's qualifications.
(D) No A member of the General Assembly may not trade anything of value, including pledges to vote for legislation or for other persons or candidates, in exchange for another member's pledge to vote for a candidate for judicial office.
(E) Violations of this section may be considered by the merit selection commission when it considers the candidate's qualifications. Violations of this section by members of the General Assembly shall be reported by the commission to the House or Senate Ethics Committee, as may be applicable. Violations of this section by nonlegislative commission members shall be reported by the commission to the State Ethics Commission. A violation of this section is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days. Cases tried under this section may not be transferred from general sessions court pursuant to Section 22-3-545." /
To further amend the committee report, as and if amended, by striking Section 8-13-130 on lines 1-17 on page [1-9] and inserting:
/ "Section 8-13-130. The State Ethics Commission, Senate Ethics Committee, and House of Representatives Ethics Committee may levy an enforcement or administrative fee on a person who is found in violation, or who admits to a violation, of the "Ethics, Government Accountability and Campaign Reform Act of 1991" pursuant to Title 2 or Title 8. The fee must be used to reimburse the commission, the appropriate legislative Ethics Committee, or both, for costs associated with the investigation and hearing of a violation. The costs associated include:
(1) the investigator's time;
(2) mileage, meals, and lodging;
(3) the prosecutor's time;
(4) the hearing panel's travel, per diem, and meals;
(5) administrative time;
(6) subpoena costs to include witness fees and mileage; and
(7) miscellaneous costs such as postage and supplies.
This fee is in addition to any fines as otherwise provided by law." /
To further amend the committee report, as and if amended, by striking SECTION 10, beginning on page [1-9] on line 20 and inserting
/ SECTION 10. Section 8-13-310 of the 1976 Code is amended to read:
"Section 8-13-310. (A) The State Ethics Commission as constituted under law in effect before July 1, 1992, is reconstituted to continue in existence with the appointment and qualification of the at-large members as prescribed in this section and with the changes in duties and powers as prescribed in this chapter. On July 1, 1993, when the duties and powers given to the Secretary of State in Chapter 17 of Title 2 are transferred to the State Ethics Commission, the Code Commissioner is directed to change all references to "this chapter" in Article 3 of Chapter 13 of Title 8 to "this chapter and Chapter 17 of Title 2".
(B)(A)(1) There is created the State Ethics Commission composed of nine eight members appointed by the Governor, upon the advice and consent of the General Assembly. Of these eight members, one member must be nominated by the Senate Majority Leader, one member must be nominated by the Senate Minority Leader of the largest minority party, one member must be nominated by the House Majority Leader, and one member must be nominated by the House Minority Leader of the largest minority party.
One member shall represent each of the seven congressional districts, and two members must be appointed from the State at large.
(2) The terms of the members serving on the State Ethics Commission as of June 29, 2016 shall end on June 30, 2016. A member who is serving at that time and who has not completed a full five year term may be reappointed pursuant to this subsection. The initial appointments shall be made as follows:
(a) one member nominated by the Senate Majority Leader shall be appointed for a three year term;
(b) one member nominated by the House Minority Leader shall be appointed for a three year term;
(c) one member appointed by the Governor shall be appointed for a three year term;
(d) one member appointed by the Governor shall be for appointed for a four year term;
(e) one member nominated by the Senate Minority Leader shall be appointed for a four year term;
(f) one member nominated by the House Majority Leader shall be appointed for a four year term; and
(g) two members nominated by the Governor shall be appointed for a five year term.
The initial members who have served terms that are less than five years are eligible to be reappointed for one full five-year term.
(B) The Governor shall make the appointments based on merit. However, in making appointments to the commission, the Governor shall ensure that race, color, gender, national origin, and other demographic factors are considered to ensure the geographic and political balance of the appointments, and shall strive to assure that the membership of the commission will represent, to the greatest extent possible, all segments of the population of the State.
(C)(1) The following are not eligible to serve on the State Ethics Commission:
(a) a member of the General Assembly;
(b) a former member of the General Assembly within eight years following the termination of his service in the General Assembly;
(c) a family member, as defined by Section 8-13-100(15), of a member of the General Assembly or the Governor;
(d) a person who made a campaign contribution, as defined by Section 8-13-1300(7), within the previous four years to the Governor;
(e) a person who made a campaign contribution, as defined by Section 8-13-1300(7), within the previous four years to the legislator who made the nomination for the person's service on the Commission pursuant to subsection (A);
(f) a person who registered as a lobbyist within four years of being nominated or appointed to serve on the State Ethics Commission;
(g) a person who is under the jurisdiction of the State Ethics Commission, House of Representatives Ethics Committee, or Senate Ethics Committee.
(2) The Governor shall submit the appointments for the State Ethics Commission to the General Assembly simultaneously for the initial appointments and for the terms thereafter. This shall not apply to appointments made to fill a vacancy for an unexpired term.
(3) Each candidate for appointment must disclose any contribution made by the candidate to any committee, as defined by Section 8-13-1300(6), including a noncandidate committee and an independent expenditure only committee, within the previous four years.
No member of the General Assembly or other public official must be eligible to serve on the State Ethics Commission.
The Governor shall make the appointments based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the commission is representative of all citizens of the State of South Carolina.
(C)(D) The terms of the members are for five years and until their successors are appointed and qualify. The members of the State Ethics Commission serving on this chapter's effective date may continue to serve until the expiration of their terms. These members may then be appointed to serve one full five-year term under the provisions of this chapter. Members representing the first, third, and sixth congressional districts on this chapter's effective date are eligible to be appointed for a full five-year term in or after 1991. Members currently representing the second, fourth, and fifth congressional districts on this chapter's effective date are eligible to be appointed for a full five-year term in or after 1993. The initial appointments for the at large members of the commission created by this chapter must be for a one-, two-, or three-year term, but these at large members are eligible subsequently for a full five-year term. Under this section, the at large members of the commission are to be appointed to begin service on or after July 1, 1992. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term only. Members of the commission who serve less than a full five-year term may be reappointed for one full five-year term. Members of the commission who have completed a full five-year term are not eligible for reappointment. A member shall not serve on the commission in hold-over status after the member's term expires. An appointee shall not serve on the commission, even in interim capacity, until he has been confirmed by the Senate and by the House of Representatives.
(D)(E) The commission shall elect a chairman, a vice-chairman, and such other officers as it considers necessary. Five members of the commission shall constitute a quorum. The commission must adopt a policy concerning the attendance of its members at commission meetings. The commission meets at the call of the chairman or a majority of its members. Members of the commission, while serving on business of the commission, receive per diem, mileage, and subsistence as is provided by law for members of state boards, committees, and commissions." /
To amend the committee report, as and if amended, by striking SECTION 11, lines 5-18 on page [1-14] and inserting:
/ (9) to initiate or receive complaints and make investigations, as provided in item (10), or as otherwise provided in Section 8-13-540, as appropriate, of statements filed or allegedly failed to be filed under the provisions of this chapter and Chapter 17 of Title 2 and, upon complaint by an individual, of an alleged violation of this chapter or Chapter 17 of Title 2 by a public official, public member, or public employee except members or staff, including staff elected to serve as officers of or candidates for the General Assembly unless otherwise provided for under House or Senate rules. Any person charged with a violation of this chapter or Chapter 17 of Title 2 is entitled to the administrative hearing process contained in this section or in Article 5 of this chapter, as appropriate.
(a) The commission may commence an investigation on the filing of a complaint by an individual or by the commission, as provided in item (10)(d), upon a majority vote of the total membership of the commission.
(b)(1) No complaint may be accepted by the commission concerning a candidate for elective office during the fifty-day period before an election in which he is a candidate. During this fifty-day period, any person may petition the court of common pleas alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction, or both. Within ten days, a rule to show cause hearing must be held, and the court must either dismiss the petition or direct that a mandamus order or an injunction, or both, be issued. A violation of this chapter by a candidate during this fifty-day period must be considered to be an irreparable injury for which no adequate remedy at law exists. The institution of an action for injunctive relief does not relieve any party to the proceeding from any penalty prescribed for violations of this chapter. The court must award reasonable attorneys fees and costs to the nonpetitioning party if a petition for mandamus or injunctive relief is dismissed based upon a finding that the:
(i) petition is being presented for an improper purpose such as harassment or to cause delay;
(ii) claims, defenses, and other legal contentions are not warranted by existing law or are based upon a frivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; and
(iii) allegations and other factual contentions do not have evidentiary support or, if specifically so identified, are not likely to have evidentiary support after reasonable opportunity for further investigation or discovery.
(2) Action on a complaint filed against a candidate which was received more than fifty days before the election but which cannot be disposed of or dismissed by the commission at least thirty days before the election must be postponed until after the election.
(c) If an alleged violation is found to be groundless by the commission, the entire matter must be stricken from public record. If the commission finds that the complaining party wilfully filed a groundless complaint, the finding must be reported to the Attorney General. The wilful filing of a groundless complaint is a misdemeanor and, upon conviction, a person must be fined not more than one thousand dollars or imprisoned not more than one year. In lieu of the criminal penalty provided by this item, a civil penalty of not more than one thousand dollars may be assessed against the complainant upon proof, by a preponderance of the evidence, that the filing of the complaint was wilful and without just cause or with malice.
(d) Action may not be taken on a complaint filed more than four years after the violation is alleged to have occurred unless a person, by fraud or other device, prevents discovery of the violation. The Attorney General may initiate an action to recover a fee, compensation, gift, or profit received by a person as a result of a violation of the chapter no later than one year after a determination by the commission that a violation of this chapter has occurred; /
To further amend the committee report, as and if amended, by striking SECTION 12, lines 19-33 on page [1-14] and inserting:
/ SECTION 12. Section 8-13-320(10)(g) of the 1976 Code is amended to read:
"(g) All investigations, inquiries, hearings, and accompanying documents must remain are confidential and may only be released pursuant to this section, unless otherwise required by law. until a finding of probable cause or dismissal, unless the respondent waives the right to confidentiality.
(i) After a dismissal of a matter by the State Ethics Commission, except for a technical violation pursuant to Section 8-13-1170 or 8-13-1372, the following documents become public record: the complaint, the response by the respondent, and the notice of dismissal.
(ii) After a finding of probable cause by the State Ethics Commission, except for a technical violation pursuant to Section 8-13-1170 or 8-13-1372, the following documents become public record: the complaint, the response by the respondent, and the notice of hearing. If a hearing is held on the matter, the final order and all exhibits introduced at the hearing shall become public record upon issuance of the final order by the commission. Exhibits introduced must be redacted prior to release to exclude personal information where the public disclosure would constitute an unreasonable invasion of personal privacy.
The respondent may waive the right to confidentiality. The wilful release of confidential information is a misdemeanor, and any person releasing such confidential information, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year." /
To further amend the amendment, as and if amended, by adding an appropriately numbered SECTION in PART III to read:
/ SECTION ___. Section 8-13-320(1)(i) of the 1976 Code is amended to read:
"(i) At the conclusion of its investigation, the commission staff, in a preliminary written decision with findings of fact and conclusions of law, must make a recommendation whether probable cause exists to believe that a violation of this chapter has occurred. If the commission determines that probable cause does not exist, it shall send a written decision with findings of fact and conclusions of law to the respondent and the complainant. If the commission determines that there is probable cause to believe that a violation has been committed, its preliminary decision may contain an order setting forth a date for a hearing before a panel of three commissioners, selected at random, to determine whether a violation of the chapter has occurred. If the commission finds probable cause to believe that a violation of this chapter has occurred, the commission may waive further proceedings if the respondent takes action to remedy or correct the alleged violation. In order to make a finding of probable cause for matters involving constitutional officers, there must be an affirmative vote of at least six members of the commission." /
To further amend the amendment, as and if amended, by striking SECTION 13, beginning on line 34 on page [1-14] and inserting:
/ SECTION 13. Section 8-13-320(10)(j) of the 1976 Code is amended to read:
"(j) If a hearing is to be held, the respondent must be allowed to examine and make copies of all evidence in the commission's possession relating to the charges. The same discovery techniques which are available to the commission must be equally available to the respondent, including the right to request the commission to subpoena witnesses or materials and the right to conduct depositions as prescribed by subitem (f). A panel of three commissioners must conduct a hearing in accordance with Chapter 23 of Title 1 (Administrative Procedures Act), except as otherwise expressly provided. Panel action requires the participation of the three panel members. During a commission panel hearing conducted to determine whether a violation of the chapter has occurred, the respondent must be afforded appropriate due process protections, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses. All evidence, including records the commission considers, must be offered fully and made a part of the record in the proceedings. The hearings must be held in executive session unless the respondent requests an open hearing open to the public." /
To further amend the amendment, as and if amended, by striking SECTION 17, beginning on line 13 on page [1-18] and inserting:
/ SECTION 17. Section 8-13-540 of the 1976 Code is amended to read:
"Section 8-13-540 Unless otherwise provided for by House or Senate rule, as appropriate, each ethics committee must conduct its investigation of a complaint filed pursuant to this chapter or Chapter 17 of Title 2 in accordance with this section.
(1) When a complaint is filed with or by the ethics committee, a copy must promptly be sent to the person alleged to have committed the violation. If the ethics committee determines the complaint does not allege facts sufficient to constitute a violation, the complaint must be dismissed and the complainant and respondent notified. If the ethics committee finds that the complaining party wilfully filed a groundless complaint, the finding must be reported to appropriate law enforcement authorities. The wilful filing of a groundless complaint is a misdemeanor and, upon conviction, a person must be fined not more than one thousand dollars or imprisoned not more than one year. In lieu of the criminal penalty provided by this subsection, a civil penalty of not more than one thousand dollars may be assessed against the complainant upon proof, by a preponderance of the evidence, that the filing of the complaint was wilful and without just cause or with malice. If the ethics committee determines the complaint alleges facts sufficient to constitute a violation, it shall promptly investigate the alleged violation and may compel by subpoena the attendance and testimony of witnesses and the production of pertinent books and papers.
If after such preliminary investigation, the ethics committee finds that probable cause exists to support an alleged violation, it shall, as appropriate:
(a) render an advisory opinion to the respondent and require the respondent's compliance within a reasonable time; or
(b) convene a formal hearing on the matter within thirty days of the respondent's failure to comply with the advisory opinion. All ethics committee investigations and records relating to the preliminary investigation are confidential. No complaint shall be accepted which is filed later than four years after the alleged violation occurred.
(2) If a hearing is to be held, the respondent must be allowed to examine and make copies of all evidence in the ethics committee's possession relating to the charges. At the hearing the charged party must be afforded appropriate due process protections, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses. All hearings must be conducted in executive session.
(3) After the hearing, the ethics committee shall determine its findings of fact. If the ethics committee, based on competent and substantial evidence, finds the respondent has violated this chapter or Chapter 17 of Title 2, it shall:
(a) administer a public or private reprimand;
(b) determine that a technical violation as provided for in Section has occurred;
(c) recommend expulsion of the member; and/or,
(d) in the case of an alleged criminal violation, refer the matter to the Attorney General for investigation. The ethics committee shall report its findings in writing to the Speaker of the House or President Pro Tempore of the Senate, as appropriate. The report must be accompanied by an order of punishment and supported and signed by a majority of the ethics committee members. If the ethics committee finds the respondent has not violated a code or statutory provision, it shall dismiss the charges.
(4) An individual has ten days from the date of the notification of the ethics committee's action to appeal the action to the full legislative body.
(5) No ethics committee member may participate in any matter in which he is involved.
(6) The ethics committee shall establish procedures which afford respondents appropriate due process protections, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses.
(A) Filing of Complaints
(1) A complaint alleging a member of the General Assembly, legislative caucus committees, candidates for the General Assembly, or staff of the General Assembly or legislative caucus committee has committed a violation of this chapter or Chapter 17, Title 2 must be in writing and state the name of the person alleged to have committed the violation and the particulars of the violation.
(2) When a complaint is filed with or by the ethics committee alleging a violation of this chapter or Chapter 17, Title 2, a copy must be sent to the person alleged to have committed the violation and to the State Ethics Commission, within thirty days from the date the complaint was filed, for an investigation as provided in this section. However, if the complaint only alleges a violation of a rule of the House of Representatives or of the Senate, the appropriate ethics committee must forward a copy of the complaint to the person alleged to have committed the violation, and the appropriate ethics committee shall investigate and make a determination for a complaint.
(3)(a) The State Ethics Commission, upon receipt of information, may initiate and file a complaint upon an affirmative vote of the commission. The commission shall accept complaints referred by the ethics committees and notarized complaints from individuals, whether personally or on behalf of an organization or governmental body.
(b) The commission shall forward a copy of the complaint, a general statement of the applicable law with respect to the complaint, and a statement explaining the due process rights of the respondent including, but not limited to, the right to counsel to the respondent within ten days of the filing of the complaint. Unless the complaint was referred by an ethics committee, the commission shall send a copy of the complaint to the appropriate ethics committee.
(4) Action may not be taken on a complaint filed more than four years after the violation is alleged to have occurred unless the person alleged to have committed the violation, by fraud or other device, prevents discovery of the violation.
(B) Actions by Ethics Commission
(1) Upon receiving a complaint filed pursuant to subsection (A), the commission must determine whether the complaint alleges only a violation of a rule of the House of Representative or Senate or a technical violation pursuant to Section 8-13-1170 or Section 8-13-1372. If the commission determines the complaint alleges only a rule violation or technical violation, the complaint must be referred to the appropriate ethics committee for investigation and determination.
(2)(a) If the commission determines the complaint alleges more than a violation of a rule of the House of Representatives or Senate or more than a technical violation pursuant to Section 8-13-1170 or Section 8-13-1372, the commission must determine whether the complaint alleges facts sufficient to constitute a violation of this chapter or Chapter 17, Title 2.
(b) If the commission determines that the complaint does not allege facts sufficient to constitute a violation, a report must be provided to the appropriate ethics committee with the recommendation that the complaint be dismissed. The appropriate ethics committee may, within fifteen days from the committee's receipt of the finding, request the commission to continue the investigation and consider additional matters not considered by the commission.
(c) If the commission finds that the complaining party wilfully filed a groundless complaint, the finding must be reported to the Attorney General. The wilful filing of a groundless complaint is a misdemeanor and, upon conviction, the person must be fined not more than one thousand dollars or imprisoned not more than one year. In lieu of the criminal penalty provided by this item, a civil penalty of not more than one thousand dollars may be assessed against the complainant upon proof by a preponderance of the evidence that the filing of the complaint was wilful and without just cause or with malice.
(d) If the commission determines that the complaint alleges facts sufficient to constitute a violation of this chapter or Chapter 17, Title 2, an investigation may be conducted into the alleged violation.
(3) If the commission finds evidence that the person alleged to have committed the violation wilfully violated a section of this chapter or Chapter 17 of Title 2 that imposes a criminal penalty, the commission must forward the complaint and accompanying materials to the Attorney General or circuit solicitor. All documents related to a matter forwarded to the Attorney General or circuit solicitor must remain confidential unless disclosed pursuant to a criminal prosecution. This provision does not limit any authority of the Attorney General or circuit solicitor to initiate or conduct any criminal investigation within his jurisdiction.
(4) If the commission determines that it needs assistance in conducting an investigation, the commission shall request the assistance of appropriate agencies.
(5) In conducting its investigation, the commission may order testimony to be taken in any investigation or by deposition before a person who is designated by the commission and has the power to administer oaths and, in these instances, to compel testimony. The commission may administer oaths and affirmation for the testimony of witnesses and issue subpoenas, by approval of the chairman and subject to judicial enforcement, for the procurement of witnesses and materials including books, papers, records, documents, or other tangible objects relevant to the agency's investigation. A person to whom a subpoena has been issued may move before a commission panel or the commission for an order quashing a subpoena issued pursuant to this section. The commission must also consider if the respondent acted in accordance with an advisory opinion issued pursuant to Section 8-13-535.
(6) Upon completing its investigation, the commission must provide a report to the appropriate ethics committee with a recommendation as to whether there is probable cause to believe a violation of this chapter or of Chapter 17, Title 2 has occurred. In its report and recommendation, the commission must consider if the respondent acted in accordance with an advisory opinion issued pursuant to Section 8-13-535. A recommendation of probable cause requires the affirmative vote of at least six commissioners. The report must include a copy of all relevant reports, evidence, and testimony considered by the commission.
(C) Release of complaint and information related to investigations
(1) All investigations and accompanying documents are confidential and may be released only pursuant to this section.
(2) If the committee concurs with a recommendation by the commission that a complaint should be dismissed due to the complaint failing to allege facts sufficient to constitute a violation, a notice of dismissal will be sent by the committee to the complainant and respondent. This notice and all materials regarding the matter are confidential, unless the respondent waives the right to confidentiality.
(3)(a) If the committee makes a determination of probable cause that a violation of this chapter or Chapter 17, Title 2, other than a technical violation pursuant to Section 8-13-1170 or 8-13-1372, has occurred, the following documents become public thirty days after the committee makes its determination: the complaint, the response by the respondent, the notice of hearing before the appropriate ethics committee, and the commission's recommendations.
(b) Documents involving a matter for a technical violation pursuant to Section 8-13-1170 or 8-13-1372 shall remain confidential.
(4) If the committee determines there is probable cause to believe a violation of this chapter or Chapter 17, Title 2, other than a technical violation pursuant to Section 8-13-1170 or 8-13-1372, and issues an advisory opinion to the respondent pursuant to this section, the advisory opinion becomes public.
(5) If the committee conducts a public hearing pursuant to this section, the final order and exhibits introduced at the hearing become public upon the issuance of the final order. Exhibits introduced must be redacted prior to release to exclude personal information where the public disclosure would constitute an unreasonable invasion of personal privacy.
(6) Documents released or made public must be redacted prior to release to exclude personal information where the public disclosure would constitute an unreasonable invasion of personal privacy. The respondent may waive the right to confidentiality. The wilful release of confidential information is a misdemeanor, and a person releasing confidential information, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year.
(D) Actions by ethics committees
(1) If the commission's report recommends that there is not probable cause to believe a violation of this chapter or Chapter 17, Title 2 has occurred, the appropriate ethics committee may concur or nonconcur with that recommendation, or within fifteen days from the committee's receipt of the report, request the commission to continue the investigation and consider additional matters not considered by the commission.
(2) If, after reviewing the commission's recommendation and relevant evidence, the ethics committee determines that probable cause does not exist to believe a violation of this chapter or of Chapter 17, Title 2 has occurred, the committee shall dismiss the complaint and send a written decision to the respondent and the complainant.
(3) If, after reviewing the commission's recommendation and relevant evidence, the ethics committee determines that the respondent has committed only a technical violation pursuant to Section 8-13-1170 or 8-13-1372, the provisions of the appropriate section apply.
(4) If, after reviewing the commission's recommendation and relevant evidence, the ethics committee determines that probable cause exists to believe a violation of this chapter or of Chapter 17, Title 2 has occurred, except for a technical violation of Section 8-13-1170 or Section 8-13-1372, the committee shall, as appropriate:
(a) render an advisory opinion to the respondent and require the respondent's compliance within a reasonable time; or
(b) convene a formal public hearing on the matter.
(5) If the ethics committee convenes a formal public hearing:
(a) the investigator or attorney handling the investigation for the State Ethics Commission shall present the evidence related to the complaint to the appropriate ethics committee;
(b) it is the duty of the investigator or attorney to further investigate the subject of the complaint and any related matters under the jurisdiction and at the direction of the ethics committee, to request assistance from appropriate state agencies as needed, to request authorization from the committee for funds for the hiring of auditors, investigators, or other assistance as necessary, to prepare subpoenas, and to present evidence to the committee at any public hearing. The appropriate committee shall maintain the authority to approve subpoenas, authorize expenditures, dismiss complaints, schedule hearings, grant continuances, and any other authority as provided for by their rules;
(c) the respondent must be allowed to examine and make copies of all evidence in the ethics committee's possession relating to the charges. At the hearing the respondent must be afforded appropriate due process protections, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses.
(d) all hearings must be open to the public.
(6)(a) After the formal public hearing, the ethics committee shall determine its findings of fact and issue a final order.
(b) If the ethics committee, based on competent and substantial evidence, finds the respondent has not violated this chapter or Chapter 17, Title 2, the committee shall dismiss the complaint and send a written decision to the respondent and the complainant.
(c) If the ethics committee, based on competent and substantial evidence, finds the respondent has violated this chapter or Chapter 17, Title 2, the committee shall:
(i) administer a public reprimand;
(ii) determine that a technical violation as provided for in Section 8-13-1170 or 8-13-1372 has occurred;
(iii) require the respondent to pay a civil penalty not to exceed two thousand dollars for each nontechnical violation that is unrelated to the late filing of a required statement or report or failure to file a required statement or report;
(iv) require the forfeiture of gifts, receipts, or profits, or the value of each, obtained in violation of Chapter 13, Title 8 or Chapter 17, Title 2;
(v) recommend expulsion of the member;
(vi) provide a copy of the complaint and accompanying materials to the Attorney General if the committee finds that there is probable cause to believe the respondent wilfully violated a section of this chapter or Chapter 17 of Title 2 that imposes a criminal penalty; or
(vii) require a combination of subitems (i) though (vi) as necessary and appropriate.
(d) The ethics committee shall report its findings in writing to the Speaker of the House of Representatives or President Pro Tempore of the Senate, as appropriate. The report must be accompanied by an order of punishment or dismissal and supported and signed by a majority of the ethics committee members.
(E) No ethics committee member may participate in any matter in which he is involved.
(F) The ethics committees shall establish procedures which afford respondents appropriate due process protections, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses." /
To further amend the committee report, as and if amended by striking SECTION 14, lines 18-25 on page [1-15] and inserting:
/ SECTION 14. Chapter 13 of Title 8 of the 1976 Code is amended by adding:
"Section 8-13-322. It is unlawful for the Governor, a member of the General Assembly, or anyone who is the subject of a pending investigation or open complaint, to contact or attempt to contact, either directly or indirectly, a member of the Commission, House of Representatives Ethics Committee or Senate Ethics Committee to influence or attempt to influence the outcome of a pending investigation or open complaint." /
To further amend the committee report, as and if amended, by striking SECTION 21, lines 21-38 on page [1-28] and inserting:
/ SECTION 21. Section 8-13-720 of the 1976 Code is amended to read:
"(A) No A person may not offer or pay to a public official, public member, or public employee and no a public official, public member, or public employee may not solicit or receive money anything of value in addition to that received by the public official, public member, or public employee in his official capacity for advice or assistance given in the course of his employment as a public official, public member, or public employee, unless otherwise permitted by law.
(B) A person who violates this section is guilty of a:
(1) misdemeanor, if the amount offered, paid, solicited, or received is ten thousand dollars or less, and upon conviction, the person must be fined not more than five thousand dollars or imprisoned for not more than one year, or both;
(2) felony, if the amount offered, paid, solicited, or received is more than ten thousand dollars, and upon conviction, the person must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both." /
To further amend the committee report, as and if amended, by striking SECTION 23, lines 13-31 on page [1-29] and inserting:
/ SECTION 23. Section 8-13-755 of the 1976 Code is amended to read:
"Section 8-13-755. A former public official, former public member, or former public employee holding public office, membership, or employment on or after January 1, 1992, may not for a period of one year two years after terminating his public service or employment:
(1) serve as a lobbyist or represent clients before the agency or department on which he formerly served in a matter which he directly and substantially participated during his public service or employment; or
(2) accept employment if the employment:
(a) is from a person who is regulated by the agency or department on which the former public official, former public member, or former public employee served or was employed; and
(b) involves a matter in which the former public official, former public member, or former public employee directly and substantially participated during his public service or public employment." /
To further amend the committee report, as and if amended, by striking SECTION 18, beginning on line 30 on page [1-25].
To further amend the committee report, as and if amended, by striking SECTION 26, lines 22-27 on page [1-30] and inserting:
/ SECTION 26. Section 8-13-780(B) of the 1976 Code is amended to read:
"(B) In addition to existing remedies for breach of the ethical standards of this chapter or regulations promulgated hereunder, the State Ethics Commission appropriate supervisory office may impose an oral or a written warning or reprimand." /
To further amend the committee report, as and if amended, by striking item (10) on page [1-34], lines 19-31, and inserting:
/ "(10) the source of any other income received by the filer, not to include income received pursuant to:
(i) a court order;
(ii) a savings, checking or brokerage account with a bank, savings and loan, or other licensed financial institution which offers savings, checking, or brokerage accounts in the ordinary course of its business and on terms and interest rates generally available to a member of the general public without regard to status as a public official, public member, or public employee;
(iii) a mutual fund or similar fund in which an investment company invests its shareholders' money in a diversified selection of securities."
To further amend the committee report, bearing document number (JUD.001.026), as and if amended, by striking subsection 8-13-1302(A), SECTION 47, lines 41 and 42 on page [1-41] through line 12 on page [1-42] and inserting:
/ "Section 8-13-1302. (A) A candidate, committee, or ballot measure committee must maintain and preserve an account of:
(1) the total amount of contributions accepted by the candidate, committee, or ballot measure committee;
(2) the name and address of each person making a contribution and the amount and date of receipt of each contribution;
(3) the total amount of expenditures made by or on behalf of the candidate, committee, or ballot measure committee;
(4) the name and address of each person to whom an expenditure is made including the date, amount, purpose, and beneficiary of the expenditure;
(5) all receipted bills, canceled checks, or other proof of payment for each expenditure; and
(6) the occupation and primary employer of each person making a contribution. /
To further amend the committee report, as and if amended, by striking SECTION 52 beginning on page [1-47] line 15 and inserting:
/ SECTION 52. Chapter 13, Title 8 of the 1976 Code is amended by adding:
"Section 8-13-1313.(A) A person who is not a committee required to file subject to Section 8-13-1304 and who makes an independent expenditure in an aggregate amount or value in excess of five hundred dollars during a calendar year or makes an electioneering communication must file a report of such expenditure or communication with the State Ethics Commission pursuant to Section 8-13-365. This report must be filed within thirty days of making the independent expenditure, or if the independent expenditure or electioneering communication is made within thirty days before an election, the report must be filed within forty-eight hours. The report must include:
(1) a detailed description of the use of the expenditure or communication and the amount of the expenditure or the cost of the communication;
(2) the full name, primary occupation, street address, and phone number of the reporting person;
(3) the identification of the chief executive officer, or for all controlling individuals if the reporting person is a business or another organization that is not an individual, to include name, title, employer, and address;
(4) the name of the candidate or ballot measure that is the target of the independent expenditure or electioneering communication and whether the expenditure or communication was made in support of, or opposition to, the candidate or ballot measure;
(5) the chief executive officer or controlling individual must file, under penalty of perjury, a certification that the independent expenditure is not made in cooperation, consultation, or concert, with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate;
(6) the identification of the top five donors to the reporting person and for any donor who has donated more than ten thousand dollars to the committee within the previous twelve months, to include name, primary occupation, address, and amount of the donation; and
(7) if the donor is a business or another organization that is not an individual, then the identification must indicate the name and title of the chief executive officer or the controlling individual of the donor organization.
(B) An organization exempt from tax pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code is not required to identify donor information as specified under subsection (A)(6) and (A)(7), however, the organization must identify the exemption on the expenditure report." /
To further amend the committee report, as and if amended, by striking SECTION 67, lines 7-23 on page [1-56] and inserting:
/ SECTION 67. Section 8-13-1520 of the 1976 Code is amended to read:
"Section 8-13-1520. (A) Except as otherwise specifically provided in this chapter and except for failure to file a required statement or report, a person who wilfully violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than one year, or both.
(B) Except as otherwise specifically provided in this chapter, a A person who wilfully violates any provision of this Article 13 is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred percent of the amount of contributions or anything of value that should have been reported pursuant to the provisions of this Article 13 but not less than five thousand dollars or imprisoned for not more than one year, or both.
(C) A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560." /
To further amend the committee report, as and if amended, by striking SECTION 67, lines 7-23 on page [1-56] and inserting:
/ SECTION 67. Section 8-13-1520 of the 1976 Code is amended to read:
"Section 8-13-1520. (A) Except as otherwise specifically provided in this chapter and except for failure to file a required statement or report, a person who wilfully violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than one year, or both.
(B) Except as otherwise specifically provided in this chapter, a A person who wilfully violates any provision of this Article 13 is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred percent of the amount of contributions or anything of value that should have been reported pursuant to the provisions of this Article 13 but not less than five thousand dollars or imprisoned for not more than one year, or both.
(C) A violation of the provisions of this chapter does not necessarily subject a public official to the provisions of Section 8-13-560." /
To further amend the amendment, as and if amended, by striking SECTION 77 on page [1-57], lines 19-22 and inserting:
/ SECTION 77. The provisions of PART II (General Provisions), PART IV (Rules of Conduct), PART V (Disclosure of Economic Interests), PART VI (Campaign Practices) and SECTIONS 74, 75 and 76 are effective upon the Governor's signature. /
To further amend the amendment, as and if amended, by striking SECTION 79, lines 25-27 on page [1-57] and inserting:
/ SECTION 79. PART III (Ethics Committees) are effective as of July 1, 2016 and shall apply to complaints that alleges a violation on or after the effective date of this act. However, the provisions in Section 8-13-310 regarding the selection of members of the State Ethics Commission and the termination of terms of the members serving on the commission as of June 29, 2016 take effect after the date of the Governor's signature in order to have the initial members of the reconstituted State Ethics Commission begin service on July 1, 2016. The State Ethics Commission, House Ethics Committee, and Senate Ethics Committee shall maintain jurisdiction over all open complaints and investigations pending in the appropriate entity on or before June 30, 2016. The reconstituted State Ethics Commission shall have jurisdiction over open complaints and investigations pending within the State Ethics Commission as of June 30, 2016. /
Renumber sections to conform.
Amend title to conform.